Mission Viejo Municipal Code Ch. 6.01 South Coast Air Quality Management District Receipts Fund

Footnotes:

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Cross reference— Administration and personnel, tit. 2; investment of money and funds, ch. 3.08; business regulations, tit. 5.

The city council finds and declares as follows:

(1) The city is committed to protecting the public health, safety, and welfare which includes aspects involving air quality.

(2) As identified by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan (AQMP), mobile sources are a major contributor to air pollution in the South Coast Air Basin.

(3) As determined by the SCAQMD and expressed in the AQMP, state and federal ambient air quality standards for the South Coast Air Basin cannot be met without reducing air pollution from mobile sources.

(4) Cities and counties have the opportunity to implement programs and projects that reduce air polluting emissions from mobile sources in order that the South Coast Air Basin attain State and Federal ambient standards as required by the California Clean Air Act of 1988.

(5) Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990 (Chapter 90-1705), authorizes SCAQMD to impose an additional motor vehicle registration fee to finance the implementation of mobile source air pollution reduction programs necessary to attain state and federal ambient air quality standards as required by the California Clean Air Act of 1988.

(6) To the extent possible, the financial burden of local implementation of mobile source air pollution reduction programs should be shifted from the general fund to the revenues collected by the additional motor vehicle registration fee.

(7) For cities and counties located within the jurisdiction of the SCAQMD that comply with Health and Safety Code § 44243, $0.40 of every dollar collected under Health and Safety Code § 44243 shall be distributed to the cities and counties on the basis of the jurisdiction's prorated share of population as defined by the state department of finance.

(8) Cities and counties that fail to adopt an ordinance pursuant to California Health and Safety Code § 44243(b) shall have the fee revenues which would be distributed to that city or county distributed to the other cities and counties within the jurisdiction of the SCAQMD which have adopted an ordinance pursuant to California Health and Safety Code § 44243(b) based on their prorated share of registered motor vehicles.

(9) The city is located within the jurisdiction of the SCAQMD and is eligible to receive a portion of the revenues from the additional motor vehicle registration fee upon adoption of this chapter.

(10) The city, after careful consideration, hereby finds and declares that the imposition of the additional motor vehicle registration fee by the SCAQMD to finance mobile source air pollution reduction programs, is in the best interests of the general welfare of the city and its residents. Therefore, the city deems it is advisable to adopt the ordinance as set forth in this chapter.

(Ord. No. 91-70, § 1, 6-10-91)

The intent of this chapter to establish a special fund to receive revenue distributed by the SCAQMD, to support the SCAQMD's imposition of the additional vehicle registration fee and to bring the city into compliance with the requirements set forth in Health and Safety Code § 44243 in order to receive fee revenues for the purpose of implementing mobile source air pollution reduction programs.

(Ord. No. 91-70, § 2, 6-10-91)

Fee administrator means the director of administrative services of the city or the director of administrative service's designee.

Mobile source air pollution reduction programs means any program or project implemented by the city to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan proposed pursuant to Health and Safety Code § 40460 et seq.

(Ord. No. 91-70, § 3, 6-10-91)

Cross reference— Definitions generally, § 1.01.170.

(a) Receipt of fee. Vehicle registration fees due pursuant to this chapter, disbursed by the SCAQMD, and remitted to the city shall be accepted by the fee administrator.

(b) Transfer of funds. Upon receipt of the city's share of the additional vehicle registration fees, the fee administrator shall deposit the fees into a separate account as specified in subsection (c) below.

(c) Establishment of air quality improvement trust fund. The fee administrator shall establish a separate interest-bearing air quality improvement trust fund account. Interest earned by the fees in this account shall be credited only to this account.

(d) Use of funds. The fees deposited in and interest credited to the air quality improvement trust fund account shall only be used for the financing of mobile source air pollution reduction programs or projects.

(e) Audits. The city consents to audits for mobile source air pollution reduction programs and projects financed by the additional motor vehicle registration fee. The audit of those programs and projects shall be conducted in accordance with the procedure established to fulfill the audit requirement, under Health and Safety Code § 44244.1.

(f) Appeals. The city shall have the right to appeal the findings and determinations made as a result of the SCAQMD audit procedure through the public hearing process described in Health and Safety Code § 44244.1(c).

(Ord. No. 91-70, § 4, 6-10-91)